Exhibit 10.10
FOURTH AMENDMENT TO CASINO OPERATIONS LEASE
THIS FOURTH AMENDMENT TO CASINO OPERATIONS LEASE (this “Fourth Amendment”) is made as of the 13th day of November, 2019 (the “Effective Date”) by and between Hyatt Equities, L.L.C., a Delaware limited liability company (“Landlord”) and Gaming Entertainment (Nevada) LLC, a Nevada limited liability company (“Tenant”).
WITNESSETH
WHEREAS, Landlord and Tenant are parties to that certain Casino Operations Lease dated June 28, 2011 (the “Original Lease”), as amended by that certain First Amendment to Casino Operations Lease dated April 8, 2013 (the “First Amendment”), that certain Second Amendment to Casino Operations Lease dated November 25, 2015 (the “Second Amendment”), and that certain Third Amendment to Casino Operations Lease dated August 29, 2016 (the “Third Amendment”; collectively, the Original Lease, the First Amendment, the Second Amendment and the Third Amendment shall be referred to herein as the “Original Amended Lease”);
WHEREAS, Landlord and Tenant are parties to that certain Second Lien Security Agreement dated June 29, 2011, as amended by that certain First Amendment to Second Lien Security Agreement dated April 8, 2013 and that certain Second Amendment to Second Lien Security Agreement dated May 12, 2016, (as the same may be further amended, restated, exchanged, substituted, extended or otherwise modified from time to time, the “Security Agreement”) pursuant to which Tenant has provided Landlord with a security interest in all of Tenant’s interest in the Original Amended Lease (as amended hereby or as may be further amended, restated, exchanged, substituted, extended or otherwise modified from time to time), the Premises and the personal property all as described in the Security Agreement, as security for the full and prompt payment and performance of all of Tenant’s obligations under the Original Amended Lease (as amended hereby or as may be further amended, restated, exchanged, substituted, extended or otherwise modified from time to time), and the Security Agreement, as described herein; and
WHEREAS, the parties, among other things, desire to confirm, in connection with this Fourth Amendment, certain terms and conditions with respect to the Original Amended Lease.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:
1.Recitals. The foregoing recitals shall constitute an integral part of this Fourth Amendment, and this Fourth Amendment shall be construed in consideration thereof. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Original Amended
Lease.
a)For the avoidance of doubt, the parties agree that the Casino (as defined in the Original Amended Lease) which is part of the Premises is and has been for the duration of the term of the Original Amended Lease, as amended hereby, the area reflected and cross-hatched on Exhibit A attached hereto consisting of approximately 20,990 square feet, including bar tops.
b)For the avoidance of doubt, the parties agree that the associated offices, back-of-the-house count rooms, casino cages and all surveillance areas within the Project associated with the Casino which is part of the Premises is currently the area reflected and cross-hatched on Exhibit B attached hereto.